Does liability for alimony continue after the death of the payor?

In Washington, alimony is legally known as maintenance. The liability of maintenance does not necessarily end with the death of the payor. Whether or not liability for maintenance continues depends on several factors, including the divorce decree, the spouse’s funds, and the source of the payment. If the divorce decree contains a clause stating that liability for maintenance continues after the death of the payor, then it most likely will. In general, unless the divorce decree states otherwise, the spouse receiving maintenance does not have a claim to the payor’s estate, and the surviving spouse is not responsible for paying maintenance. However, if the source of payment for the maintenance is not from the payor directly, but from another source, such as insurance or a trust, then liability for maintenance may continue after the death of the payor. In this case, the person responsible would be the source of the payment. In Washington, rulings about liability of maintenance after the death of the payor are handled on a case-by-case basis. If you are in a situation where the payor has passed, it is good to seek advice from an attorney who can review your divorce decree and provide advice about the specific maintenance arrangement and your rights.

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Does liability for alimony continue after the death of the payor?

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